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Bacolod City, Philippines Monday, August 6, 2012
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Ombudsman clears seven
Moises Padilla SP members

BY GILBERT BAYORAN

The Office of the Visayas Ombudsman has cleared two incumbent councilors and five  former Sangguniang Bayan members of Moises Padilla town in Negros Occidental of grave misconduct and dereliction of duty charges, which were filed against them by Vice Mayor Cipriano Remo, for lack of substantial evidence.

Cleared of administrative charges were incumbent  councilors Marvin Tan and Noli Ogatis, former SB members Dolly Yasa, Loreli Aurelio, Jose Roy Nalagon, Jesus Damaso  Garcia  and Alphine Nikko Alonso.

Yasa yesterday said  Aurelio passed away last week, due to a lingering illness caused by an accident, while performing her duties as   Moises Padilla councilor on  her first term from  2004 to 2007.

          The Ombudsman, in its decision penned by Graft Investigator Irish Inabangan Amores, which was approved by Deputy Ombudsman Pelagio Apostol, states that  “We cannot reasonably  and validly deduce  grave misconduct or dereliction of duty  on the part of the respondents “.

In his complaint, Remo  alleged  that  the respondents had been conspicuous in their absences in the sessions of the Sangguniang Bayan of Moises Padilla from March to June 2010. He further claimed that,  due to the respondents’ unexplained and deliberate absences,  no quorum was attained by the SB,  thus no resolution or ordinance  was passed up to the filing of the case.

He also said that,  because of the unwarranted behavior of the respondents on March 17, 2012 the SB opted to exercise its power provided under paragraph b, section 53 chapter 3 title II, Book 1 of the Local Government Code of 1991 to order the arrest of its absentee members  to compel their appearance  and presence in the session.

The Ombudsman, however, said  that,  Remo,  as the  complainant, failed to substantiate  his case.

It said that  the proof of notice  to respondents  on  the   special sessions  for   March 2010 showed they   were not given  to the respondents  themselves but to  their  relatives  or family  members.

The decision also said there was no substantial proof that respondents had indeed committed four consecutive absences from the regular sessions of the SB which might warrant administrative liability.*GPB

 

 

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